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1926 Supreme(Mad) 239

WALLACE
K. R. M. T. T. A. L. Alagappa – Appellant
Versus
K. R. M. T. T. A. R. Arunachallam – Respondent


JUDGMENT

Wallace, J.

1. This civil revision petition is a petition asking this Court to revise the finding of the lower Court on a preliminary issue in O. S. No. 27 of 1925 on its file. The point at issue is whether the suit is maintainable without the sanction of the Advocate-General under Section 92 of the Civil P. C. or without the order of the Board of Religious Endowments under Section 69 of Act I of 1925.

2. The suit was primarily to remove the first defendant from his position as manager or managing trustee of the four plaint kattalais in the Sikkal temple, to direct the first defendant to render accounts of his management and to settle a scheme for the management of these kattalais. Only one plaintiff sued and he claims to be a co-trustee with the first defendant under the original conditions of the trust, and says that he was prevented by the first defendant from taking his proper share in the management, the first defendant setting up an exclusive right of management, as if the trust were his own private property. The plaintiffs claim, as set out in the plaint, is that, as per the terms of the trust, the kattalais form a private trust and are in the joint management of five












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